Georgia’s highest court rejects Fani Willis’ appeal of her removal from Trump election case

Georgia’s highest court has denied Fulton County District Attorney Fani Willis’ request for it to review her ability to prosecute President Trump and others on charges of illegally undermining the results of the 2020 election.

In a decision on Tuesday, the majority of the justices on the Supreme Court of Georgia refused to take up Ms. Willis’ request that it review her disqualification from prosecuting Mr. Trump and other co-defendants in her election conspiracy case over his denial of the 2020 results.

An appeals court booted Ms. Willis from the case after it was discovered she had hired her boyfriend, Nathan Wade, as a special prosecutor to handle the case and was paying him well above the typical fee. Additionally, the two had taken lavish trips together. It is alleged that she used county funds intended to help process COVID-19 backlog cases to pay Mr. Wade.

The lower court held that Ms. Willis had a conflict of interest and an appearance of impropriety in bringing the case. Mr. Wade was also removed from handling the dispute.

The Georgia Supreme Court refused to review the lower court’s action.

“One might argue that such a decision rests on a necessary premise that conduct creating an appearance of impropriety is a sufficient ground for disqualification,” Justice Andrew A. Pinson wrote.

The decision appears to have five justices in the majority, with three in dissent. Two others did not participate in the case.

In January, Ms. Willis appealed to Georgia’s high court.

Legal experts say another district attorney in the state could take up the prosecution.

With Ms. Willis remaining off the case, the nonprofit Prosecuting Attorneys’ Council of Georgia could oversee the investigation. If a district attorney does not want to take over Ms. Willis’ case, the charges could be dropped.

In August 2023, Fulton County indicted Mr. Trump and 18 others on charges of participating in a conspiracy to overturn Georgia’s 2020 election results.

The state alleged the defendants violated Georgia’s Racketeer Influenced and Corrupt Organizations Act in trying to overturn Democrat Joseph R. Biden’s narrow official victory in that election.

Georgia Lt. Gov. Burt Jones, a Republican, celebrated the ruling and noted Ms. Willis had been booted from prosecuting him as part of the case, too. Ms. Willis had attended a fundraiser for Mr. Jones’ Democratic opponent in another conflict of interest.

“The Supreme Court just shut Fani Willis down. Her political circus is OVER. She came after myself, President Trump and all of our conservative values, and has now lost — twice,” the lieutenant governor said. “Georgia deserves better than a DA who weaponizes the justice system for her own political gain. Today justice is served for Georgia, and justice is served for President Trump.”

Mike Davis, president of the conservative legal advocacy group Article III Project, called for Ms. Willis to face punishment for using tax dollars for political litigation.

“Fani Willis hired her dumb, unqualified boyfriend to go after Trump and 18 others. Big Fani paid Nathan Wade $700,000 in taxpayer funds. She took illegal kickbacks. She lied about them under oath. She got disqualified. The Georgia Supreme Court declined to hear her appeal. Big Fani must go to prison,” Mr. Davis said.